Waver For Service

 Terms of Service

Terms of Service

WHEREAS, BikerParties.com is an information provider connected to the Internet. BikerParties.com offers storage and transfer services over the Internet through access to its Web Server;
WHEREAS, Customer seeks to utilize BikerParties.com’s server for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, BikerParties.com can make no guarantee that any given reader shall be able to access BikerParties.com 's server at any given time. BikerParties.com represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;
WHEREAS, the party has authority to enter into this agreement on behalf of the Company, if applicable;

NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows; I. Financial Arrangements:

1. Customer agrees to a three (3) month contract, beginning upon commencement of service.
2. First three (3) months payment plus a nonrefundable setup charges, if any, shall be due upon receipt of contract.
3. This agreement will automatically renew for successive three (3) month periods for the life of the contract until canceled in writing. Customers paying by check or money order will receive an invoice for charges and payment is due upon receipt. Customers paying by credit card expressly agree to have their credit card account billed quarterly for the recurring charges for the life of the contract including any automatic renewal periods.
4. Initial payment is due with the contract. For accounting purposes, renewal charges for contracts received on or after the 20th of the month will accrue as of the 1st of the following month. By way of example, an account setup on August 20th will be setup immediately and the initial payment will be due with the contract. The initial term of the agreement will be August 20 through November 30. The first renewal charge will be due in December for second quarter of services.

II. Taxes: BikerParties.com shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or BikerParties.com’s server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

III. Material and Products:

1. Customer will provide BikerParties.com with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of Adult Host Inc.. BikerParties.com shall make no effort to validate this information for content, correctness or usability.
2. Use of BikerParties.com’s service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies dBikerParties.comnding on the anticipated use and desired content of Customer's Webspace by the Customer.
3. BikerParties.com will exercise no control whatsoever over the content of the information passing through the network. BikerParties.com makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. BikerParties.com also disclaims any warranty of merchant-ability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of BikerParties.com is at the Customer's own risk, and BikerParties.com specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. BikerParties.com expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro- rata monthly charge during the system unavailability. BikerParties.com specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", BikerParties.com may, at its option and at any time, reject this material, including but not limited to after it has been put on BikerParties.com’s Server. BikerParties.com agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of BikerParties.com If the Customer fails to modify the material, as directed by BikerParties.com., within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.

IV. Trademarks & Copyrights:

Customer warrants that it has the right to use the applicable trademarks, if any.

V. Hardware, Equipment & Software:

The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access BikerParties.com  BikerParties.com makes no representations, warranties or assurances that the Customer's equipment will be compatible with the BikerParties.com service.

VI. Age:

The Customer certifies that he or she is at least 21 years of age.

VII. Internet Etiquette:

Electronic forums such as mail distribution lists and Use Net news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of BikerParties.com may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Adult Host Inc.. All messages transmitted via BikerParties.com should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.

VIII. Termination:

This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Notice must be faxed or, mailed. BikerParties.com will not accept termination's by electronic mail or over the telephone. Notwithstanding the above, BikerParties.com may terminate service under this Agreement at any time, without penalty, if the Customer fails to comply with the terms of this Agreement, including nonpayment. BikerParties.com reserves the right to charge a reinstatement fee.

IX. Limited Liability:

Customer expressly agrees that use of BikerParties.com’s Server is at Customer's sole risk. Neither Adult Host Inc., its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that BikerParties.com’s Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the BikerParties.com Server service, unless otherwise expressly stated in this Agreement.
Under no circumstances, including negligence, shall BikerParties.com., its offices, agents or any one else involved in creating, producing or distributing BikerParties.com’s Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the BikerParties.com Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to BikerParties.com’s records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on BikerParties.com’s Server service.

Notwithstanding the above, Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Customer paid during the term of this Agreement and any reasonable attorney's fee and court costs.

X. Lawful Purpose:

Customer may only use BikerParties.com’s Server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials.

XI. Indemnification:

Customer agrees that it shall defend, indemnify, save and hold BikerParties.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against BikerParties.com., its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless BikerParties.com against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with BikerParties.com’s Server; (ii) any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Customer sold on BikerParties.com Server.

XII. Contract Revisions:

Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Customer on renewal of BikerParties.com., Inc. Services as specified in Section I. Financial Arrangements.

XIII Transfer: Customer may not transfer this agreement without the written consent of BikerParties.com

 Unlimited Use

1. Unlimited Traffic and Unlimited Storage Policies - BikerParties.com Network's concept behind "unlimited traffic" and "unlimited storage" is to provide our customers with an unlimited amount of storage space and bandwidth for active web pages. BikerParties.com Network is able to provide such services based upon a large storage and bandwidth ratio. On rare occasions, a site's popularity and server usage may impair the performance of other sites on BikerParties.com’s  servers. To ensure proper use, all files MUST be hyperlinked to files (.html, .jpg, .gif, etc.) stored on BikerParties.com Network's server and vice versa. CGI chat scripts are also not allowed and are considered and abuse of unlimited bandwidth. Any cgi scripts that consume large amounts of CPU usage or memory are also not allowed. The user will be asked to remove any script that abuses system resources.
2. High Resource Policy
   
   Any site that is deemed as impairing the performance of our servers either by high disk utilization, high bandwidth usage, or high CPU usage will be entered into our "High Resource Customer" program. High Resource sites are sites that use an excessive amount of system resources such as bandwidth, storage or CPU utilization. It is BikerParties.com Networks' sole discretion to decide which sites are "High Resource" sites. Please NOTE: Only the top 1% of our customers have ever qualified as a "High Resource Site." If you feel that your site my fall under this category, then please email webmaster@BikerParties.com
   
   Sites who have been deemed as a "High Resource" site will be subject to the following:
   
   - A $300 per month fee will be added to the user's current monthly fee.
   - Written authorization of billing must be faxed or mailed to BikerParties.com Network.

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